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Author: James B. Kelly Publisher: UBC Press ISBN: 0774840080 Category : Law Languages : en Pages : 338
Book Description
In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.
Author: James B. Kelly Publisher: UBC Press ISBN: 0774840080 Category : Law Languages : en Pages : 338
Book Description
In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.
Author: Maruice Bertrand Publisher: BRILL ISBN: 9004636900 Category : Law Languages : en Pages : 304
Book Description
This book is based on a meeting, held in Geneva from 27 February to 1 March 1995, which challenged the fundamental conceptions behind the original United Nations by launching an entirely new Charter, written by Maurice Bertrand, for a worldwide organization which could replace the UN, the Bretton Woods organizations and the specialised agencies. The `Bertrand Proposal', the written commentaries which emphasize different aspects of the proposal, and a summary of the discussions are published in this book. The `Bertrand Proposal' is a major contribution to future research and analysis of international organization and organizations and to the attempts to resolve the present crisis of the international system. The book concludes that since the type of threats against peace, economic security and social development have changed, and the international community has not formulated an adequate response, it is up to a worldwide organization to try to organize the prevention of crises and conflicts.
Author: James B. Kelly
Author: James B. Kelly
Author: Great Britain. Royal Commission on University Education in Wales
Author: New Orleans (La.). Mayor's Advisory Committee on Charter Revision
Author: Boston (Mass.). Commission Appointed to Revise the City Charter
Author: Maruice Bertrand
Author: New York (State). Commission on Greater. New York charter
Author: Ian Bynoe
Author: Commonwealth Shipping Committee
Author: William Alexander
Author: John George Hodgins